Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We are speaking about an immediate closure. This step would be taken following a failure to comply with Covid regulations. I will clarify that for the Deputy.

The amendment addresses matters relating to criminal procedures and evidence, which is not what we are dealing with in this particular Bill. I am not sure we would want to set a precedent of setting out what a person could or could not raise as a defence either in a court procedure or where a licence is being renewed. It also suggests that if we were not to include this, the Bill may be unconstitutional. It would be wholly unconstitutional if a person was not able to raise certain defences if his or her premises had been closed, whether it was weeks or months later. We know that licences are being renewed this month. If, this month, a garda was to raise the fact that a premises had been closed after this legislation had been enacted, it would be the right of the publican or the licence holder to make sure that he or she could raise any of the issues outlined from (a) to (e) during that procedure. There is nothing in this Bill that precludes that from happening.

I stress that this amendment does not provide the right of appeal. It makes it clear that the person has a right to appeal and to raise these issues, which is the case as things stand. It would be wholly unconstitutional if that was not the case. As I said, it is very clearly the case now.

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